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Is it typical for an HOA to not enforce the rules?

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Is it typical for an HOA to not enforce the rules?
Submitted: 2 months ago.Category: Real Estate Law
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5/26/2018
Real Estate Lawyer: Thelawman2, Lawyer replied 2 months ago
Thelawman2
Thelawman2, Lawyer
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Hello, my name is ***** ***** I will be helping you today.

Yes, it is fairly common that an HOA will not enforce rules. If you want the HOA to enforce rules, then you would need to sue them. The HOA has certain obligations under both state and federal laws; it must act in the best interests of the community, must perform its duties reasonably and fairly, and may not act in a discriminatory or capricious manner.

A legal suit might be warranted if a homeowner can show that the HOA is acting in an unreasonable or discriminatory manner by not enforcing the rules; or if the HOA fails to put the community’s interests above any individual interest.

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